12 2 STA T .967PUBLIC LA W 11 0– 2 34—M A Y 22 , 200 8Actof20 02 (7U.S . C . 7 95 2 ),asine ffect on Se p te mb e r3 0, 2007, s u b j ect to an y a d justment under section 1 302 oft h is Act. ( B )C OVER E DC O M MOD IT IE S . —T he term ‘ ‘base acres ’ ’, w ith respect to a co v ered commodity, has the meanin g given the term in section 1101. (2) CO UN TER - C Y C L IC A L P AYMENT.—The term ‘‘counter- cyc l ical payment’’ means a payment made to producers on a farm under section 130 4 . (3) D IRECT PAYMENT.—The term ‘‘direct payment’’ means a direct payment made to producers on a farm under section 1303. (4) EF FECTIVE PRICE.—The term ‘‘effective price’’ means the price calculated by the Secretary under section 1304 for peanuts to determine whether counter-cyclical payments are re q uired to be made under that section for a crop year. (5) P AYMENT ACRES.—The term ‘‘payment acres’’ means, in the case of direct payments and counter-cyclical payments— (A) e x cept as provided in subparagraph (B), 8 5 percent of the base acres of peanuts on a farm on which direct payments or counter-cyclical payments are made
and (B) in the case of direct payments for each of the 2009 through 2011 crop years, 83.3 percent of the base acres for peanuts on a farm on which direct payments are made. ( 6 ) PAYMENT YIELD.—The term ‘‘payment yield’’ means the yield established for direct payments and the yield established for counter-cyclical payments under section 1302 of the F arm Security and R ural I nvestment Act of 2002 (7 U.S.C. 7952), as in effect on September 30, 2007, for a farm for peanuts. (7) PRODUCER.— (A) IN G ENERAL.—The term ‘‘producer’’ means an owner, operator, landlord, tenant, or sharecropper that shares in the ris k of producing a crop on a farm and is entitled to share in the crop available for marketing from the farm, or would have shared had the crop been produced. (B) H Y B RID SEED.—In determining whether a grower of hybrid seed is a producer, the Secretary shall— (i) not take into consideration the existence of a hybrid seed contract; and (ii) ensure that program requirements do not adversely affect the ability of the grower to receive a payment under this subtitle. (8) STATE.—The term ‘‘State’’ means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (9) TARGET PRICE.—The term ‘‘target price’’ means the price per ton of peanuts used to determine the payment rate for counter-cyclical payments. (10) UNITED STATES.—The term ‘‘United States’’, when used in a geographical sense, means all of the States.
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